Slip and Fall / Premises Liability: Injured

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Slip and Fall and Premises Liability

Slip and Fall / Premises Liability: Under this theory, the owners and occupiers of land or property owe a legal responsibility for accidents and injuries that occur on their property. These laws are largely dependant on state law and vary from state-to-state. What's usually important in these cases is to look at the status of the injured. Where they a trespassor or were they invited to the property? The status of the injured person with regards to the property might play a role in determining duty, depending on the state. Courts might also look at the condition of the property. Finally, there may be special laws applying to landlords and lessors of property.


Recently in Slip and Fall / Premises Liability Category

Haunted House Injury Lawsuit Settles for $125K

Touring a haunted house attraction is supposed to be scary. If you rub shoulders with the Grim Reaper, you can count that as having a good time. But the dangers aren't supposed to be real. If they are, and if someone gets injured, the haunted house may face real legal liability.

In 2014, a woman was severely injured while attending the Erebus Haunted House in Pontiac, Michigan after a moving wall caused her to slip and fall. She sustain multiple fractures as well as other injuries.

Ms. Turner's lawsuit alleged that she was knocked down in an area with inadequate lighting. Mr. Terebus, owner of the Erebus Haunted House, has only commented that the operation is safe and that it has been in operation for a long time. This month, the case settled for $125,000.

Like most of us, 60-year-old Etelvina Jimenez thought she was doing the healthy thing by hopping on a gym's treadmill to get some exercise. But when Jimenez fell she joined nearly half a million Americans who are injured by exercise equipment every year.

Jimenez's brain injuries were severe and now she's suing the gym, claiming it violated safety standards by placing treadmills too close to other equipment.

Trinity College Students Injured in Double Balcony Collapse During Party

Next to the dance floor and bar, one of the usual favorite places for party people to hang out is the balcony. This past Saturday, at just after 11:00 p.m., 31 party goers at an off-campus party at Trinity College in Hartford, Connecticut fell victim to a double balcony collapse.

NBC News reports that a third floor balcony collapsed, landing on the second-floor balcony, which then also collapsed onto the first floor. Luckily there were no major injuries or loss of life during this double balcony collapse.

From slick store floors to icy sidewalks, slip and fall accidents account for an enormous number of personal injury lawsuits. So many, in fact, that you probably know someone (or know someone who knows someone) who has considered filing a slip and fall claim. And with so many stories out there, separating the truth from so many tall tales can be a challenge.

Have no fear -- we're here to help. Here are five common myths about slip and fall lawsuits, and the facts behind the fiction.

Flora Kim and David Kang, of Dallas, Texas were enjoying the annual meeting of the American Association of Oral Maxillofacial Surgeons at the Hilton Hawaiian Village in Waikiki September 2014 with their son. That was until the boy’s foot got caught in an escalator at the resort, tearing skin from his leg and requiring emergency surgery.

Now the parents are suing Crocs, claiming that the shoes the boy was wearing at the time were “negligently and improperly designed,” and that the company knew about the risk to children wearing their shoes on escalators.

Slip and falls send one million of us to the hospital emergency room every year, are the leading cause of workers' compensation claims, and account for half of all accidental deaths in the home. And while many of us may be quick to blame ourselves and our clumsiness for a fall, the cause may have been a dangerous condition with the floor or surface we were walking on.

In order to recover for injuries based on someone else's negligence in constructing or maintaining a safe walking environment, you may need to prove the dangerous condition in court. How? By preserving as much physical evidence from the scene as possible.

For many of us, summer time is pool time. Whether that means rolling the tarp off the pool in the backyard and hosting a party or taking the kids to a public pool for the day, we're going to be spending a lot of time in and around the water. And where we spend a lot of time, injuries are bound to happen. So whose fault is it if you're injured at a pool, and are you liable for injuries at yours?

Swimming pools actually occupy a unique place in injury law, and can provide unique challenges for pool owners and those injured at pools. So here are the five biggest questions when it comes to swimming pool injuries, and where you can find the answers:

Whether on foot, on your motorcycle, or even in a car, unrepaired potholes can be a serious injury risk. A recent case in Utah proves how hard it can be to hold municipalities responsible for pothole injuries.

In 2011, Salt Lake City resident Jeffrey Wood seriously injured his left arm when he tripped in an unrepaired pothole in the street. Although city workers had visited the street over 20 times in the four months the pothole had been there, the Utah Court of Appeals found that a district court was correct in ruling that the city was not negligent failing to identify and repair the pothole.

Here’s a deeper look at that decision, and pothole injury lawsuits in general.

Suing for Elderly Slip and Falls

Slip and fall injuries are much more dangerous for the elderly than anyone else and they are, unfortunately, relatively common. The problem is that when an older person falls and breaks a bone, healing occurs more slowly or not at all.

A minor fall can mean a major life change for a person of advanced age, necessitating full-time in-home care or a move to a nursing home. So let’s consider what a plaintiff must prove to recover damages in case of a slip and fall or another injury.

Spring is fast approaching. Meaning that the season where our nation’s youth, in the prime of their poor decision-making lives, will venture forth to hot, dangerous, and alcohol-filled locations is nearly upon us. Which destination will prove the most perilous? What new and gruesome injuries will our country’s college students bring home from equatorial climes?

Here are the five most likely spring break injuries, based on our experience: